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Class action against the Attorney General of Quebec for violating section 27 of The Charter of Human Rights and Freedoms

Kugler Kandestin and Charlebois, Swanston, Gagnon attorneys inc. are pleased to announce that on June 11, 2024, The Honorable Donald Bisson, j.c.s., rendered a Judgment authorizing the class action.

On August 21, 2024, the attorneys for the group filed the Application to Institute Class Action Proceedings (available in French only) on behalf of individuals whose rights were infringed in regard to section 27 of The Charter of Human Rights and Freedoms.

Section 27 of The Charter states:

“Every person detained in a detention facility pending the outcome of his trial has the right to be separated, until final judgment, from prisoners serving a sentence.”

The Charter requires that accused persons, presumed innocent, pending the outcome of their trial and until final judgment (the “Accused Person(s)”), be detained separately from prisoners, i.e. persons having a completely distinct legal status, because they are guilty, convicted and serving a sentence (the “Prisoner(s)”).

You can access further details about this class action by consulting the Notice to members approved by the Court.

If, at any time since February 19, 2021, you were detained in a detention facility pending the outcome of your trial (while not serving a sentence of imprisonment in another case), and were not separated, until final judgment, from prisoner(s) serving a sentence, we encourage you to speak with one of the lawyers below:

Your communications with us are free and will be kept strictly confidential.

We will continue to update this page as the case progresses.